Simplified and general criminal procedure and their transformations

Abstract

This article focuses on the considerations on simplified criminal procedure's capacities to transform into a general criminal procedure and vice versa. The Code of criminal procedure does not offer explicit guidelines as to such transformations, but some of its stipulations imply this possibility, as well as an intention to make it as simple as possible. A transformation from a simplified procedure to a general procedure can happen before filing an indictment, after the commencement of hearing, as well as after the hearing. A special attention is given to the transformation of the procedure after the hearing. Upon a review of the legal provisions that offer such a possibility, the article points to some realistic or seeming obstacles to this course of action: the name and the mandatory contents of the indictment, the form of the court control of the indictment and the real competence of the court. The author offers her own view of the problems stated and suggestions for overcoming them. A transformation from a general procedure to a simplified procedure can be problematised in four cases: 1) differences of opinion between the Attorney General's Office and the court on the qualification of the act; 2) a cessation of the procedure for an act which requires a general procedure in connected cases; 3) changes to the factual description of the act during the hearing; and 4) changes to the procedural legislation.